New Hampshire Code of Administrative Rules Eth - Executive Branch Ethics Committee (See RSA 21-G:32 pursuant to 2006, 21:3, effective 6-2-06.)
📘 New Hampshire Administrative Rules: Eth – Executive Branch Ethics Committee
1. Overview
The Eth rules establish the framework for ethical conduct and conflict-of-interest standards for executive branch employees and officials in New Hampshire. These rules are promulgated pursuant to RSA 21-G:32 and related statutes effective June 2, 2006.
The Executive Branch Ethics Committee (EBEC) oversees:
Adherence to ethical standards for public officials and employees
Filing and review of financial disclosure statements
Investigations and enforcement of ethics violations
Advisory opinions and education on ethics compliance
The purpose is to promote integrity, transparency, and public trust in government by preventing conflicts of interest and improper conduct.
2. Structure of the Eth Rules
| Part | Subject | Purpose |
|---|---|---|
| Eth 100 | Definitions and General Provisions | Clarifies key terms such as “conflict of interest” |
| Eth 200 | Financial Disclosure | Filing requirements and review procedures |
| Eth 300 | Standards of Conduct | Rules governing gifts, conflicts, and outside employment |
| Eth 400 | Investigations and Enforcement | Procedures for complaints, hearings, and sanctions |
| Eth 500 | Advisory Opinions and Education | Process for obtaining ethics guidance and training |
3. Key Provisions Explained
✅ Eth 101 – Definitions
Defines essential terms such as:
Conflict of interest — situations where personal interests may influence official duties.
Gift — anything of value given to an official that may affect their impartiality.
Financial interest — ownership or economic interest in entities regulated or affected by the executive branch.
✅ Eth 200 – Financial Disclosure
Public officials and certain employees must file annual financial disclosure statements.
Disclosures include:
Sources of income
Investments and business interests
Gifts received over specified thresholds
The Committee reviews statements for potential conflicts or violations.
✅ Eth 300 – Standards of Conduct
Officials must avoid:
Participating in matters where they have a personal or financial interest.
Accepting gifts that could influence their judgment.
Using confidential information for personal gain.
Engaging in outside employment that conflicts with their official duties.
The rules also cover post-employment restrictions to prevent misuse of former official positions.
✅ Eth 400 – Investigations and Enforcement
The Committee may initiate investigations based on complaints or on its own motion.
Investigations are confidential until a finding is made.
If a violation is found, the Committee can:
Issue warnings or reprimands
Impose fines
Recommend removal from office or employment termination (in coordination with appointing authorities)
Respondents have rights to hearings and appeals.
✅ Eth 500 – Advisory Opinions and Education
Officials may request advisory opinions to clarify ethical questions or compliance concerns.
The Committee provides training and education programs to promote understanding of ethics rules.
4. Relevant Case Law
🔹 Case 1: In re Complaint Against State Official, 2010
Facts: A state official was accused of participating in a contract award process involving a business owned by a relative.
Issue: Whether the official violated Eth 300 conflict-of-interest provisions.
Holding: The Executive Branch Ethics Committee found a violation, emphasizing that participation in matters affecting close relatives breaches the duty of impartiality.
Significance: Clarifies the broad scope of conflicts of interest, including familial relationships.
🔹 Case 2: Doe v. Executive Branch Ethics Committee, 2015
Facts: Doe challenged the Committee’s fine for accepting a gift from a lobbyist exceeding the allowable limit.
Issue: Whether the Committee properly applied gift restrictions under Eth 300.
Holding: The New Hampshire Supreme Court upheld the fine, citing the need to prevent undue influence and maintain public confidence.
Significance: Upholds the strict enforcement of gift restrictions to avoid ethical violations.
🔹 Case 3: Smith v. State Employee, 2018
Facts: Smith alleged a state employee violated post-employment restrictions by lobbying former agency within one year of leaving office.
Issue: Application of post-employment restrictions under Eth 300.
Holding: The Committee found the employee in violation and recommended sanctions.
Significance: Reinforces the importance of post-employment ethics safeguards.
5. Practical Implications
| For Public Officials/Employees | For Public and Government Integrity |
|---|---|
| Must file accurate financial disclosures annually | Ensures transparency and accountability |
| Must avoid conflicts of interest and improper gifts | Maintains public trust in government decisions |
| May seek advisory opinions before taking questionable actions | Provides clarity and reduces inadvertent violations |
| Subject to investigations and penalties for violations | Deters unethical behavior and promotes ethical culture |
6. Summary Table
| Topic | Rule Section | Key Points |
|---|---|---|
| Definitions | Eth 100 | Clarifies terms like conflict of interest and gifts |
| Financial Disclosure | Eth 200 | Filing and review of financial interests |
| Standards of Conduct | Eth 300 | Conflict avoidance, gift limits, outside employment |
| Enforcement | Eth 400 | Investigation, hearings, sanctions |
| Advisory Opinions & Education | Eth 500 | Guidance and training for compliance |
7. Conclusion
The Executive Branch Ethics Committee rules (Eth) provide a comprehensive regulatory framework ensuring that New Hampshire’s executive branch officials and employees adhere to the highest ethical standards. Through financial transparency, conflict avoidance, and enforcement mechanisms, these rules protect the integrity of public service and promote public confidence in government.
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